EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2021) XXX  draft  
 
COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Decision 2006/771/EC as regards the update of harmonised technical 
conditions in the area of radio spectrum use for short -range devices  
(Text with EEA relevance)   EN 1  EN COMMISSION IMPLEMENTING DECISION  
of XXX  
amending Decision 2006/771/EC as regards the update of harmonised technical 
conditions in the area of radio spectrum use for short -range devices  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to  Decision No  676/2002/EC of the European Parliament and of the Council of 
7 March 2002 on a regulatory framework for radio spectrum policy in the European 
Community1, and in particular Article 4(3) thereof , 
Whereas:  
(1) Short -range devices are typically mass -market or portable radio equipment, or both, 
that can easily be carried  and used ac ross borders. Differences in spectrum access 
conditions in the internal market risk creating  harmful interference with other radio 
applications and services , prevent their free movement , and increase their production 
costs.  
(2) Commission Decision 2006/771/EC2 harmonises the technical conditions for spectrum  
use for a wide variety of short -range devices in applications areas such as alarms, local 
communications, telecommand, medical implants and medical data gathering, 
intelligent transport systems and the ‘Int ernet of Things’ including radio -frequency 
identification (‘RFID’ ). As a result, short -range devices that respect  those harmonised 
technical conditions are subject to no more than  a general authorisation under national 
law. 
(3) Commission Implementing Decision  (EU) 2018/15383 additionally harmonises the 
technical conditions for spectrum use by short -range devices within the 874 -874.4 and 
915-919.4  MHz frequency bands. As i n th ose frequency bands, the sharing 
environment is different , a specific regulatory regim e is required. That  Decision 
enables technically advanced RFID solutions as well as the ‘Internet of Things’  
applications based on networked short -range devices in data networks . 
(4) Decision 2006/771/EC and Implementing Decision (EU) 2018/1538 constitute the  
regulatory framework for short -range devices, which supports innovation for a wide 
range of applications within the digital single market . 
(5) New applications for short -range devices emerge due  to the growing importance of 
these devices for the economy and to the  rapid changes in technology and societal 
                                                 
1 OJ L 108, 24.4.2002, p. 1.  
2 Commission Decision of 9 November 2006 on harmonisation of the radio spectrum for use by  short -
range devices  (2006/771/EC) ( OJ L 312, 11.11.2006, p. 66 ). 
3 Commission Implementing Decision (EU) 2018/1538 of 11 October 2018 on the harmonisation of radio 
spectrum for use by short -range devices within the 874 -876 and 915 -921 MHz frequency bands  (OJ L 
257, 15.10.2018, p.  57). EN 2  EN demands . Such applications require regular updates of harmonised  technical 
conditions for spectrum use.  
(6) Based on  the permanent mandate issued to the European Conference of Postal and 
Telecommunications Admini strations (‘CEPT’) in July 2006, pursuant to Article 4(2) 
of Decision No  676/2002/EC , to update the Annex to Decision 2006/771/EC in order 
to reflect  technological and market developments in the area of short -range devices, 
that Annex has been  amended seven times. The work carried out on the basis of the  
permanent mandate was also the basis for Implementing Decision (EU) 2018/1538 
providing additional spectrum for short -range devices within the 874 -874.4  and 915 -
919.4  MHz frequency ranges.  
(7) On 16 July 2019 , the Commission issued its guidance letter for the eighth  update 
cycle. In response  to the permanent mandate and in accordance with that guidance , 
CEPT submitted to the Commission its Report 7 7 on 5 March 20 21. In addition to 
improvements to existing entrie s applicable to t ransport and traffic telematics devices , 
CEPT propose d to add new entries to  the Annex to Decision 2006/771/EC . Those  new 
entries  should enable the use of spectrum for enclosed  Nuclear Magnetic Resonance 
(‘NMR ’) applications . Therefore , that report should be the technical basis for this 
Decision . 
(8) Short -range devices  operating within the conditions set out in this Decision should 
also comply with Directive 2014/53/EU of the European Parliament and of the 
Council4. 
(9) Decision 2006/771/EC sho uld therefore be amended.  
(10) The measures provided for in this Decision are in accordance with the opinion of the 
Radio Spectrum Committee,  
 
HAS ADOPTED THIS DECISION:  
Article 1  
 
Decision 2006/771/EC is amended as follows:  
(1) The following Article 4a is inserte d: 
‘Article 4a  
 
Member States shall report to the Commission on the implementation of this Decision 
by 1 October  2022 at the latest. ’; 
 
(2) The Annex is replaced by the text set out in the Annex to this Decision.  
                                                 
4 Directive 2014/53/EU of the European Parliament and of the Council of 16  April 2014 on the 
harmonisation of the laws of the Member States relating to the making available on the market of radio 
equipment and repealing Direc tive 1999/5/EC (OJ L 153, 22.5.2014, p. 62 ). EN 3  EN Article 2 
This Decision is addressed to the Member States.  
 
Done at Brussels,  
 For the Commission  
 Thierry B RETON  
 Member of the Commission